The main legal point established is that in election disputes requiring findings of facts, the appropriate remedy is through civil court adjudication, and not through a writ petition.

( 1 ) HEARD Counsel for the petitioners, Sri A. K. Sachan for the respondents as well as Standing Counsel.

( 2 ) SRI Gandhi Seva Sadan, Asafpur, district Badaun is a registered society which runs an institution namely Triveni Sahai Intermediate College, asafpur, Budaun under approved scheme of administration which provides that office bearers of the Committee of Management of the institution will be elected by the General Body of the society.

( 3 ) IT is averred in the writ petition that last undisputed election of the committee of management was held on 18. 7. 2004 in which Sri Ram Das Katiyar was elected as the President and respondent No. 4 Brijendra Singh Rathor was elected as Manager of the Committee of Management. Recognition was also granted to the aforesaid election by order dated 23. 10. 2004 and consequently signatures of respondent No. 4 Brijendra Singh Rathore were attested as Manager.

( 4 ) CONTENTION of the learned Counsel for petitioner is that since certain irregularities had been committed by Brijendra Singh Rathore, the patron/governing body by its resolution dated 8. 10. 2006 removed him alongwith amba Singh Rathore and Vijay Pal Singh. An election of the Committee of management is said to have been held by Brijendra Singh Rathore-respondent no. 4 on 10. 7. 2007 and papers are also said to have been sent for grant of approval before the D. I. O. S.

( 5 ) THE petitioner claims that his Committee of Management also conducted fresh elections on 15. 7. 2007 of the Committee of management in presence of Sri Subhodh Kumar, President of the Society, in which Satish Chandra parasari-petitioner No. 2 has been elected as manager and one Sri Manoj Kumar gupta has been elected as President of the committee of management. The papers regarding election of the committee of management held on 15. 7. 2007 by the petitioner have been forwarded for grant of approval to the D. I. O. S. , who exercising powers under section 16-A (7) of U. P. Intermediate Education Act, 1921 referred the election dispute before the Joint Director of Education since two election papers of the Institution were sent i. e. one by Brijendra Singh rathore in respect of his election said to have been held on 10. 7. 2007 and the other in respect of the petitioner who claims the election to be held on 15. 7. 2007.

( 6 ) IT is further claimed that petitioner No. 2 Satish Chandra Parasari also submitted a representation dated 1. 10. 2007 to the Joint Director of education asserting his claim for the post of Manager of the Committee of management but the Joint Director of Education by his order dated 11. 10. 2007 granted approval to the election of Committee of Management held by brijendra Singh Rathore respondent No. 4, who claimed to have held election on 10. 7. 2007 and rejected the claim of the petitioner in respect of his election claimed to have been held on 15. 7. 2007.

( 7 ) IT appears that the D. I. O. S. after going through respective cases of the parties concerned found that the Scheme of Administration provided for election after every three years. The D. I. O. S. further found that election conducted by respondent No. 4 was in accordance with law and the election said to have been held by the petitioner on. 15. 7. 2007 was not in accordance with law as documents or evidence filed by him in support of his case was not cogent and was baseless.

( 8 ) IT has been noted by the authority that for election of the committee of management according to Scheme of Administration, the power to call meeting vests in President or the Manager with the approval of the President but the petitioner has claimed to have conducted election without permission of the outgoing President or Manager. On appreciation of evidence and record the authority has given concrete finding of fact that the petitioner has conducted election surreptitiously only to create a state of uncertainty and that he had allowed some of the persons to vote who were not members